Friday, December 21, 2012

New York Appellate Court Affirms Dismissal of Lawsuit against New York Law School

A New York appellate court has affirmed a decision of the trial court dismissing a fraud lawsuit against New York Law School (decision here).  The suit involved "the propriety of the disclosures of post-graduate employment and salary data by defendant New York Law School to prospective students during the period August 11, 2005 to the present. Plaintiffs allege[d] that the disclosures cause[d] them to enroll in school to obtain, at a very high price, a law degree that proved less valuable in the market-place than they were led to expect."

While ruling for NYLS, the court added,

"Given this reality, it is important to remember that the practice of law is a noble profession that takes pride in its high ethical standards. Indeed, in order to join and continue to enjoy the privilege of being an active member of the legal profession, every prospective and active member of the profession is called upon to demonstrate candor and honesty. This requirement is not a trivial one. For the profession to continue to ensure that its members remain candid and honest public servants, all segments of the profession must work in concert to instill the importance of those values. 'In the last analysis, the law is what the lawyers are. And the law and the lawyers are what the law schools make them.' Defendant and its peers owe prospective students more than just barebones compliance with their legal obligations. Defendant and its peers are educational not-for-profit institutions . They should be dedicated to advancing the public welfare . In that vein, defendant and its peers have at least an ethical obligation of absolute candor to their prospective students."

(Scott Fruehwald)

http://lawprofessors.typepad.com/legal_skills/2012/12/new-york-appellate-courts-affirms-dismissal-of-lawsuit-against-new-york-law-school.html

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